MANNULAL GARG Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under section 482 Cr.P.C., is presented seeking quashment of FIR dated 15/10/2018 at crime case No.436/2018 registered at Police Station Civil Lines, Dewas for the offence punishable under sections 294 , 506 and 34 IPC read with sections 3(1)(r) & (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and sections 25 / 27 of the Arms Act.

(2.) Petitioners are old bona fide residents of Dewas, business men and also income tax payees. Petitioner No.1 is father and the petitioner No.2 is son. It appears that the respondent No.2, an advocate and also styling himself as President of District Bar Association, Dewas has had inimical attitude and grudge towards the petitioners and their family members. In the year 2013, the respondent No.2 had objected to the application of the petitioners for establishment of petrol pump. The application met dismissal upto the appellate authority. However, with the intervention of the Sate Government vide order dated 21/09/2015 in revisional jurisdiction wherein the Collector, Dewas was directed to grant licence to the wife of the petitioner No.2 and, accordingly, the petrol pump in the name and style of M/s Maa Kailadevi Motors has been opened and situated on the land comprising of survey Nos.640, 645, 641 and 642 Patwari Halka No.18, Indore Dewas Road, Dewas; total area 1500 sq.ft., The licence is on record as Annexure P/9. The area of ownership and possession is 1500 sq.ft.,, out of which the petrol pump is situated covering an area of 800 sq.ft., and the remaining area is lying vacant. The District Court, Dewas is just adjacent to the petrol pump and the same is separated by barbed wire fencing installed by the petitioners.

(3.) A reading of FIR suggests that on 15/10/2018 the complainant (respondent No.2) while he was sitting in the premises of the District Court at 01.30 pm., petitioners taking exception to the removal of barbed wire fencing alleged to have hurled filthy abuses and also by caste with a threat to kill brandishing revolver towards him in front of about 50 advocates though they were told that the fencing was initially installed inside the District Court premises on the area allotted for construction of advocate chambers. Accordingly, FIR has been registered.